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VIVID SOLUTION PTY LTD. PRIVACY POLICY

 

  1. INTRODUCTION

At Vivid Solution Pty Ltd we value your privacy and the importance of safeguarding your data and information (refer to the definition of Personal Information at the end of this policy statement). Respecting and protecting your privacy and Personal is very important to Vivid Solution. This privacy Policy describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store and access and otherwise process the information that relates to business and individuals. It is also a Constitutional right and ethical business practice requirement which we take very seriously.

This policy is applicable to, and followed by, all Vivid Solution Member Entities. This policy governs the relationship between you and Vivid Solution with which you have signed an engagement letter or have otherwise provided personal information to.

This privacy policy encompasses the minimum required from each of the above entities. This Policy applies to Vivid Solution Pty Ltd websites, domains, mobile applications, services, and products. (Not all the listed entities). This policy does not apply to any third-party applications, websites, products, services, or platforms that may be accessed through non links we may provide to you. These sites are owned and operated on an independent basis, any have their own individual private policy and data collection practices. We cannot accept liability for the actions or policies of these independent sites.

For more detailed information with regards to the processing and protecting of your personal information please contact the respective entities with which you have signed an engagement letter or provided your personal information to (see section 10 below for contact details).

 

In the paragraphs which follow any reference made to “us”, “we” or “our” is a reference to ONLY the specific legal entity(ies) with which you have signed an engagement letter or have otherwise provided personal information to and not to all the entities listed above.

In line with the 8 Conditions for Lawful Procession of Personal Information as set out in the Protection of Personal Information Act no 4 of 2013 (the Act), we (the specific legal entity with which you have signed an engagement letter)

 

  1. INFORMATION COLLECTION AND USE

For a better experience while using our Services, we may require you to provide us with certain personally identifiable information, including but not limited to e.g., user’s name, address, location, pictures. The information that we request is retained on your device and is not collected by us in any way and will be retained by us and used as described in this privacy policy. The app does use any  third party services that may collect information used to identify you. The information collection and use is solely for and not limited to;

  • Undertake to collect and process only such Personal Information which is necessary given the purpose for which it is processed and to assist you with your required solutions, conclude the necessarily related agreements and consider the legitimate legal interests of everyone concerned, as required by the Act. We will at all times respect your right to withdraw your consent for the processing of your Personal Information;
  • Undertake to only use your Personal Information for the purpose for which the information is essential to enable us to assist you or provide solutions to you;
  • Undertake to only use your Personal Information for the purpose of downloading software and/or our mobile application.
  • Undertake not to share or further process your Personal Information with anyone or for any reason if not required for assisting you with your solutions or as required in terms of legislation or regulations;
  • Undertake  to  take  reasonably  practicable  steps  to  ensure  that  information  is complete, accurate, not misleading and, where necessary, is updated;
  • Undertake  to  be  open  and  transparent  on  the  nature,  extent  and  reasons  for processing Personal Information;
  • Undertake to safeguard and protect your Personal Information in our possession;
  • Undertake to freely confirm what Personal Information we hold of you, to update and rectify the Personal Information upon request and to keep it for no longer than required.

By providing us Vivid Solution with your Personal Information, you agree to this Policy and authorise us to process such information as set out herein and you authorize us and/or any  associated entities  for the purposes set out herein.

We will not use your Personal Information for any other purpose than that set out in this Policy, and we will take the necessary steps to secure the integrity and confidentiality of Personal Information in our possession and under our control by taking appropriate and reasonable measures to prevent loss of, damage to or unauthorised destruction of your Personal  Information  and  to  prevent the  unlawful  access  to,  or  processing  of  Personal Information.

 

  1. 3. REASONS FOR PROCESSING PERSONAL INFORMATION

We, or the entities who provide or assist with any solutions you required (if any), need to collect, use, access and keep your Personal Information as prescribed by relevant legislation and regulations and for reasons such as:

  • To provide all relevant services in accordance with your mandate to us as set out in the engagement letter and to maintain our relationship.
  • To respond to your queries;
  • To confirm and verify your identity or to verify that you are an authorised user for
  • security purposes;
  • To comply with all legislative or regulatory requirements related to services provided to you by us;
  • To fulfil our contractual obligations to you, for example to ensure that invoices are issued correctly, to communicate with you and to carry out instructions and requests, and for ensuring you are able to access our premises when required;
  • For any other operational purposes required to assist you with the solutions you require;
  • In connection with possible requirements by the Information Regulator or other

Government agencies allowed by law, legal proceedings, or court rulings.

 

  1. 4. BUSINESS ACTIVITIES IN WHICH PERSONAL INFORMATION IS BEING PROCESSED
  • Employment purposes
  • Software or/any mobile applications
  • Providing Professional Services as per client mandate;
  • Administering, managing and developing our businesses and services;
  • Complying with any requirement of law, regulation or a professional body of which we are a member.

 

5.1  SOFTWARE, APP USAGE AND MOBILE APPLICATIONS

Vivid Solution built the LTSM Tracker app as a free application. This service is provided by Vivid Solution at no cost and is intended for use as it is. The targeted audience for the app is Public Schools and the age criteria is restricted to 18+. This page is used to inform website visitors regarding our policies, procedures with the collection, use and disclosure of personal information if anyone decided to use our services. If you choose to use our Services, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Services. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meaning as in our Terms and Conditions, which is accessible at LTSM Tracker, unless otherwise defined in this Privacy Policy.

 

5.2 TERMS AND CONDITIONS      

This document sets out the terms and conditions (“Terms”) of Vivid Solution (“Service Provider”) pertaining to the access and use of the information, products, services, and functions provided on www.vividsolution.co.za (“Website”) or on the LTSM Tracker App found in the App Store.  Should any person who accesses the Website or installs the LTSM Tracker Mobile App, you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website, Mobile App and/or using our services. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission, and consent to be bound by these Terms before downloading or purchasing any products or services. Vivid Solution (“The Service Provider”) reserves the right, in its sole discretion, to amend or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website and the Mobile App. Each time a user accesses the Website, Mobile App and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website or the Mobile App. However we will give you prior notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended amendment.

 

If there is anything mentioned in these Terms that you do not understand, Kindly contact us – see clause 14 below for contact details.

 

5.3  LOG DATA

We want to inform you that whenever you use our service, in case of an error in the app, we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your devices’ Internet Protocol (“IP”) address, device name, operating system version, configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

  1. 6. SHARING OR THE TRANSFER OF PERSONAL INFORMATION

Our employees will have access to your Personal Information to administer and manage our services and internal business processes. In general, we do not share your Personal Information with third parties (other than service providers acting on our behalf) unless we have a lawful basis for doing so.

 

  • THIRD PARTY PROVIDERS/OPERATORS

We may need to share your Personal Information and/or utilize software or online platforms to enter and process your information for business management purposes. This will only be done in strict adherence to the requirements of the Act. We also have agreements in place to ensure that they comply with the privacy requirements as required by the Act.

 

We may also disclose your information:

 

  • Where we have a duty or a right to disclose in terms of legislation, regulations or industry codes;
  • Where we believe it is necessary to protect our rights;
  • When explicitly requested by you; for example licencing agreements for your entity.
  • With professional advisers, for example, law firms, as necessary to establish, exercise or defend our legal rights and obtain advice in connection with the running of our business. Personal Information may be shared with these advisers as necessary in connection with the services they have been engaged to provide.
  • To law enforcement, regulatory and other government agencies and to professional bodies, as required by and/or in accordance with applicable law or regulation. We may also review and use your personal information to determine whether disclosure is required or permitted.

 

  1. 7. CHILDREN’S PRIVACY POLICY

This Service does not apply to anyone under the age of 16. We do not knowingly collect personal identifiable information from children that are under the age of 16 years. In the case we discover that a child under the age of 16 has provided us with personal information, Vivid Solution will immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do or take necessary actions that are required.

 

  1. 8. INFORMATION SECURITY

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we guarantee it’s absolute secure. We are legally obliged to provide adequate protection for the Personal Information we hold and to stop unauthorised access and use thereof. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your Personal Information remains secure.

 

Generally accepted standards of technology and operational security have been implemented to protect information from loss, misuse, alteration, or destruction. All our employees are trained on information security and are required to keep Personal Information confidential and only authorised persons have access to such information.

 

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for is kept secure.

 

  1. 9. RETENTION OF PERSONAL INFORMATION

We shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.

 

  1. 10. YOUR RIGHTS: ACCESS TO INFORMATION

You have the right to request a copy of the Personal Information we hold about you. To do this, simply contact us via the address provided below or on our website and specify what information you require. We will need proof of authorisation or a copy of your ID document to confirm your identity before providing details of your personal information.

 

Please note that any such access request may be subject to a payment of a legally allowable fee.

 

  1. 11. AMENDMENTS TO YOUR INFORMATION

You have the right to ask us to update, correct or delete your personal information. We will require proof of identity and/or authority before making changes to personal information we may hold of you. We would appreciate it if you would keep your personal information accurate and up to date.

 

  1. 12. POLICY CHANGES

This policy may be modified at any time. If changes are made an updated version will be posted on the website. When using our services, you might be asked to review and accept our new Privacy Policy. In this manner, we may record your acceptance and notify you of any changes to this policy.

 

  1. 13. COOKIE POLICY

This Services does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and to improve our services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service. At a time, we should introduce cookies on this website you will be informed of this when you visit this website, and our “cookie” policy will then be available on this website.

 

  1. 14. HOW TO CONTACT US

If you have any queries about this policy, or need further information about our privacy practices, wish to withdraw consent, exercise preferences or access or correct your personal information, please contact us at:

 

Email: info@vividsolution.co.za

 

Personal Information is defined by the Protection of Personal Information Act (the Act) as:

 

“Information relating to an identifiable, living, natural person, and where it is applicable, an

identifiable, existing juristic person, including, but not limited to—

 

information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well- being, disability, religion, conscience, belief, culture, language and birth of the person;

  • information   relating   to   the  education   or  the  medical,  financial,  criminal   or employment history of the person;
  • any identifying number, symbol, e-mail address, physical address, telephone number,
  • location information, online identifier or other particular assignment to the person;
  • the biometric information of the person;
  • the personal opinions, views or preferences of the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or
  • confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the views or opinions of another individual about the person; and (h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person”.
  • Respecting and protecting your Personal Information (please refer to the definition of Personal Information at the end of this policy statement) is very important to us. It is also a Constitutional right, legal, and good business practice requirement, which we take very seriously